Bombay High Court
Samina @ Tardeo Tabbo Anvar Shah vs State Of Maharashtra on 7 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
Diksha Rane 20. BA 1934-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
DIKSHA
DIKSHA DINESH
DINESH RANE
BAIL APPLICATION NO.1934/2022
RANE Date:
2023.01.07
SAMINA @ TABBO ANVAR ANSARI ..APPLICANT
17:48:46
+0530
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
------------
Adv. S. R. Samel a/w. Adv. R. V. Kini for the applicant.
Mr. S. H. Yadav, APP for State.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 7, 2023.
P.C. :
1. Leave to amend. Amendment to be carried out
forthwith.
2. Heard learned counsel for the applicant and learned
APP for the State.
3. This is an application for bail in respect of the offence
punishable under Sections 8(c), 20(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereafter 'the
NDPS Act' for short) registered vide First Information Report
(FIR) No.91/2022 with Shanti Nagar Police Station, on
February 14, 2022.
1/3
Diksha Rane 20. BA 1934-22.doc
4. It is alleged that the accused no.1-Vinod Kachre was
found in possession of 10 kgs 200 gms 'Ganja'. The quantity
found on the person of the accused no.1-Vinod is non
commercial. On the basis of the statement of the accused
no.1-Vinod, the applicant came to be apprehended. Nothing
was recovered from the possession of the applicant. There
are no criminal antecedents reported against the applicant.
The applicant is a lady. She is in custody since February 17,
2022, that is, for a period of around 10 months. On the
statement of the co-accused, the applicant's involvement is
stated. Apart from this, there are no materials on record to
indicate the complicity of the applicant. No call detail
records between the accused no.1-Vinod and the applicant
are placed on record. The trial is not likely to conclude any
time soon. The case for grant of bail is made out. Hence the
following order.
:: O R D E R ::
(i) The application is allowed;
(ii) Applicant-Samina @ Tabbo Anvar Ansari is
directed to be released on bail in connection with FIR No.91/2022 with Shanti Nagar Police Station, on 2/3 Diksha Rane 20. BA 1934-22.doc executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) Applicant shall appear before the investigating officer once in a month on first Monday between 11:00 a.m. to 01:00 p.m., till further orders;
(iv) Applicant is permitted to furnish provisional cash bail security in the sum of Rs.25,000/-, for a period of eight weeks, in lieu of surety.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence.
(vi) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer of the concerned Police Station and shall keep him updated, if there is any change.
5. The application stands disposed of accordingly.
(M. S. KARNIK, J.) 3/3